Guddu Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85173 of 2024 Arising Out of PS. Case No.-243 Year-2024 Thana- GOPALPUR District- Gopalganj ====================================================== Guddu Chauhan, S/o Suresh Kumar, Resident of Village- D-508, K Block, Opp. M.I.G Flat, Jahangirpuri, North- West Delhi ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar Shrivastava, Advocate For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 07-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Gopalpur P.S. Case No.243 of 2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

3. The case of the prosecution is that the police was busy in checking of the vehicles. They saw a pick-up van which was stopped. The driver told that on the vehicle the articles of glass is loaded. He was identified as Guddu (petitioner). After being search, altogether 414.360 liters of foreign liquor was recovered from the vehicle.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.85173 of 2024(2) dt.07-01-2025 2/2 committed no offence. He has been falsely implicated in this case. It has been argued by learned counsel for the petitioner that the petitioner was having no knowledge regarding the alleged liquor. It has also been argued that the witnesses of the seizure list are not the independent persons. Petitioner is having no criminal antecedent and he is in judicial custody since 25.09.2024.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-IV-cum-Exclusive Special Judge, Excise Court-II, Gopalganj, in connection with Gopalpur P.S. Case No. 243 of 2024.

(Ashok Kumar Pandey, J) lata/- U T